Energy

  • October 22, 2019

    Supreme Court Won't Keep Climate Suits From State Courts

    The U.S. Supreme Court on Tuesday refused to stop three suits, brought by states and municipalities seeking to put fossil fuel companies on the hook for climate change-related infrastructure damage, from proceeding in state court.

  • October 22, 2019

    3rd Circ. OKs Consol Fine For Not Using Miner Injury Hotline

    The Third Circuit on Tuesday affirmed a federal mining agency's determination that a Consol Energy Inc. unit violated a safety regulation in connection with a coal miner's serious workplace injury, saying the agency used the right standard to reach its decision.

  • October 22, 2019

    Schramm Ch. 7 Conversion Deferred For Sale Appeal Process

    A motion to convert the Chapter 11 case of drilling rig maker Schramm Inc. will have to wait for a ruling after a Delaware judge said Tuesday that a creditor appeal of an approved asset sale should be resolved first.

  • October 22, 2019

    Herbert Smith Adds International Arbitration Partner

    International law firm Herbert Smith Freehills said it has hired for its Bangkok office a seasoned litigator who has represented major corporations in many of Thailand's most high-profile commercial matters.

  • October 22, 2019

    DC Court Weighs Doc Deluge In FTC Chemical Merger Suit

    A D.C. federal judge told two chemical companies trying to beat a Federal Trade Commission merger challenge Tuesday that he will likely exercise his own "gatekeeping" role in clearing individual witness statements, rather than issuing a limiting blanket order ahead of time in a complex upcoming trial.

  • October 22, 2019

    Feds Say DC Solar Was $1B Ponzi As 2 Affiliates Plead Guilty

    Federal prosecutors in California said Tuesday that two affiliates of the defunct solar energy company DC Solar have pled guilty to conspiracy charges for participating in the company's "classic, Ponzi-like scheme."

  • October 22, 2019

    Cattle Industry Says EPA CWA Rollback Is Not Enough

    The Trump administration has instituted unconstitutional guidelines to replace an Obama-era rule that defined the Clean Water Act's jurisdiction, the New Mexico Cattle Growers' Association said in a new lawsuit Tuesday.

  • October 22, 2019

    Kazakhstan Says Bid For Space Co. Docs Is Inaccurate

    Kazakhstan said Monday that a request from Moldovan investors that a D.C. federal court compel a U.S. commercial space flight company to provide information on Kazakh satellite launches contains a “litany of incorrect facts.”

  • October 22, 2019

    AMP Capital Nabs $6.2B For Infrastructure Debt Investments

    Australian private equity outfit AMP Capital has raised $6.2 billion for energy, utilities, digital technology and transport infrastructure investments, the firm said Tuesday, saying it represents the largest ever fundraising for an infrastructure mezzanine debt strategy.

  • October 22, 2019

    DC Circ. Skeptical Of NLRB Ruling Protecting Vulgar Message

    The National Labor Relations Board took heat from a D.C. Circuit panel Tuesday morning over the board's ruling that an employee engaged in protected activity when he scribbled "whore board" on a company overtime signup form.

  • October 22, 2019

    EPA Gets Challenge To Mich. Mine's Water Permit Thrown Out

    A Wisconsin federal judge has tossed an environmental group's challenge to the U.S. Environmental Protection Agency's move to let Michigan issue a Clean Water Act permit for a proposed metal mine, deciding the agency has discretion to let the state issue the permit.

  • October 22, 2019

    Pipeline Inspection Software Biz Says Ex-Workers Stole Data

    The owner of oil and gas pipeline inspection software has sued two former key employees who it says stole proprietary data and bragged when they left that they planned to help launch a competing business.

  • October 22, 2019

    NY AG Seeks Up To $1.6B From Exxon In Climate Change Trial

    The New York attorney general told a New York trial judge Tuesday that the state is seeking up to $1.6 billion in restitution in its landmark climate change investor fraud case against Exxon Mobil as the three-week bench trial kicked off.

  • October 22, 2019

    Oil Co. Investors Sue In Del. For Go-Private Merger Records

    Investors in Delaware-chartered oil and gas venture Isramco Corp. have sued the company in Delaware Chancery Court for records related to the go-private sale of the business to Naphtha Israel Petroleum Corporation Ltd., suggesting the deal's $121.40-per-share price is inadequate.

  • October 22, 2019

    Southcross Energy Asset Sales Bring $107M Into Ch. 11 Estate

    Bankrupt natural gas handler Southcross Energy Partners LP received court approval Tuesday for sales of its Texas, Mississippi and Alabama assets that will realize more than $107 million in proceeds for the estate as it approaches a December plan confirmation deadline.

  • October 21, 2019

    PG&E Judge Calls Dearth Of Wildfire Claims 'Heartbreaking'

    Pacific Gas & Electric Corp. should have gone door to door to ensure Northern California residents who suffered property loss, emotional distress and other harms in recent wildfires filed proofs of claims, a California federal judge said Monday, finding the low claim rate “unacceptable” and “heartbreaking.”

  • October 21, 2019

    DC Circ. Skeptical Over EPA Rules For Power Plant Startups

    Two D.C. Circuit judges indicated Monday they would not be inclined to let the U.S. Environmental Protection Agency exempt power plants from numeric emissions limits during a facility's startup period.

  • October 21, 2019

    Chevron Says Ecuadorian Atty Can't Quash Subpoenas

    Chevron has urged a New York federal court to deny an Ecuadorian lawyer’s bid to quash subpoenas seeking information on whether attorney Steven Donziger is profiting from a $9.5 billion judgment issued against the company in Ecuador.

  • October 21, 2019

    Maui Mayor Won't Drop High Court Groundwater Suit

    Maui's mayor said he will press ahead with a hotly contested U.S. Supreme Court case over whether pollution that flows through groundwater is subject to Clean Water Act jurisdiction, inviting conflict with the county council, which recently voted to settle the suit.

  • October 21, 2019

    Weil Gotshal Seeks $2M For Work On PG&E Case

    Weil Gotshal & Manges LLP is asking for $2 million in fees and costs for its work in August on the massive bankruptcy of California’s Pacific Gas and Electric Co., with billable hours from just two partners accounting for nearly half of the haul.

  • October 21, 2019

    FERC Unlikely To Act Soon On Pipeline Policy, Chairman Says

    The Federal Energy Regulatory Commission won't decide whether to revise its two-decade-old policy for approving natural gas pipelines until it regains a full complement of five commissioners, Chairman Neil Chatterjee said Monday.

  • October 21, 2019

    Peckar & Abramson Adds Construction, Energy Atty In Texas

    Peckar & Abramson PC has picked up an experienced trial lawyer as a partner in its Houston office, continuing the firm's efforts to grow its Texas presence.

  • October 21, 2019

    Barrick Reaches $300M Acacia Gold Settlement With Tanzania

    Barrick Gold has reached a $300 million settlement with the government of Tanzania to resolve all outstanding tax and related disputes stemming from disagreements the country had with Acacia mining operations.

  • October 21, 2019

    Trump Names Replacement For Rick Perry At Energy Dept.

    President Donald Trump says he will nominate Deputy Energy Secretary Dan Brouillette to replace his boss, Rick Perry, as energy secretary.

  • October 21, 2019

    EPA Fights Judge's Ruling On Mont. CWA Exception

    The U.S. Environmental Protection Agency asked a Montana federal judge to reverse his finding that a state regulation intended to provide flexibility to polluters struggling to meet water quality standards violates the Clean Water Act.

Expert Analysis

  • 3 Ways To Leverage Vulnerability For Lawyer Well-Being

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    Admitting to imperfection is an elusive construct in the legal industry, but addressing this roadblock by capitalizing on vulnerabilities can increase personal and professional power, says life coach and attorney Julie Krolczyk.

  • What Employers Can Do To Combat Climate Change

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    As public acceptance of the grim reality of climate change continues to grow, the American workforce will expect companies to offer benefits and perks that allow employees to be part of the solution, says Andrew Prescott at Nixon Peabody.

  • Aviation Watch: Air Travel In The Age Of Climate Change

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    Since air travel remains the preferred mode of transportation for long-distance journeys in the U.S., the challenge is how to reduce its environmental footprint, says retired attorney and private pilot Alan Hoffman.

  • New Data Shows BigLaw's True Profitability

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    Based on an analysis adjusting BigLaw operating income and revenue to account for equity partners and taxes, the profitability of firms is lower than commonly thought, says Madhav Srinivasan at Hunton.

  • Midstream Agreements Can Still 'Run With The Land'

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    Colorado's federal bankruptcy court recently held that a gas gathering and processing agreement and a salt water disposal agreement were "covenants running with the land," and were not extinguished through a bankruptcy sale. The ruling is welcome news for upstream and midstream companies in the oil and gas space, say attorneys at Davis Graham.

  • Decarbonization Offers New Shipping Finance Opportunities

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    Adoption of internal carbon pricing and the Poseidon Principles climate framework by leading shipping lenders could be the start of financiers incentivizing shipowners to invest in cleaner technologies, says Niovi Antoniou of Reed Smith.

  • Why Trump's Orders On Agency Guidance Are Significant

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    ​Two recent executive orders ​​on the use of guidance documents by federal agencies​ represent a major change for virtually every executive agency ​and a historic assertion of the president’s authority under Article II to oversee the independent regulatory agencies, says Paul Noe, former counselor to the administrator of the White House Office of Information and Regulatory Affairs.

  • What Unitization Could Mean For Talos' Oil Discovery

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    Giving Pemex, Mexico's national oil company, operational control of Talos Energy's Block 7 oil and gas exploration area in the Gulf of Mexico could be one way to address the legal issues arising when multiple parties have rights to the same reservoir, says Adrian Talamantes of Holland & Knight.

  • Force Majeure: Check Your Governing Law

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    The International Chamber of Commerce's arbitration award in ConocoPhillips v. CVP is instructive on how governing law impacts a force majeure provision, say attorneys with Thompson & Knight.

  • Opinion

    Courts Keep Rejecting Litigation Funding Discovery Campaign

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    As shown by recent case law, including a New Jersey federal court holding last month in Valsartan Products Liability Litigation, there is no "shifting tide" in favor of disclosing litigation funding arrangements, say Matthew Harrison and Stephanie Southwick of Bentham IMF.

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

  • Is 'The Government Said I Could' A Civil Liability Defense?

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    A Virginia federal court's recent decision in Southern Appalachian Mountain Stewards v. Red River Coal Co., clearing the defendant of liability for certain nonpermitted discharges, raises an issue relevant to any business operating in a highly regulated space: reliance on government regulators as a defense to civil liability, says Mitchell Morris of Butler Snow.

  • Preventable Risks Your Law Firm May Be Overlooking

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    Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

  • Pa. Ruling Leaves Room For Oil And Gas Reg Challenges

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    While the Commonwealth Court of Pennsylvania’s decision in Marcellus Shale Coalition v. Pennsylvania Department of Environmental Protection upheld state agencies’ authority to promulgate oil and gas drilling rules, the decision made clear that the rules themselves are not immune from judicial scrutiny, says Michael Aceto of Goldberg Segalla.

  • 6 Ethics Tips For Attorneys Making Lateral Transfers

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    With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.